Discourses on the First Decade of Titus Livius Part 6

CHAPTER XL.--_Of the creation of the Decemvirate in Rome, and what therein is to be noted. Wherein among other Matters is shown how the same Causes may lead to the Safety or to the Ruin of a Commonwealth._

It being my desire to treat fully of those disorders which arose in Rome on the creation of the decemvirate, I think it not amiss first of all to relate what took place at the time of that creation, and then to discuss those circ.u.mstances attending it which seem most to deserve notice.

These are numerous, and should be well considered, both by those who would maintain the liberties of a commonwealth and by those who would subvert them. For in the course of our inquiry it will be seen that many mistakes prejudicial to freedom were made by the senate and people, and that many were likewise made by Appius, the chief decemvir, prejudicial to that tyranny which it was his aim to establish in Rome.

After much controversy and wrangling between the commons and the n.o.bles as to the framing of new laws by which the freedom of Rome might be better secured, Spurius Posthumius and two other citizens were, by general consent, despatched to Athens to procure copies of the laws which Solon had drawn up for the Athenians, to the end that these might serve as a groundwork for the laws of Rome. On their return, the next step was to depute certain persons to examine these laws and to draft the new code. For which purpose a commission consisting of ten members, among whom was Appius Claudius, a crafty and ambitious citizen, was appointed for a year; and that the commissioners in framing their laws might act without fear or favour, all the other magistracies, and in particular the consulate and tribunes.h.i.+p, were suspended, and the appeal to the people discontinued; so that the decemvirs came to be absolute in Rome. Very soon the whole authority of the commissioners came to be centred in Appius, owing to the favour in which he was held by the commons. For although before he had been regarded as the cruel persecutor of the people, he now showed himself so conciliatory in his bearing that men wondered at the sudden change in his character and disposition.

This set of commissioners, then, behaved discreetly, being attended by no more than twelve lictors, walking in front of that decemvir whom the rest put forward as their chief; and though vested with absolute authority, yet when a Roman citizen had to be tried for murder, they cited him before the people and caused him to be judged by them. Their laws they wrote upon ten tables, but before signing them they exposed them publicly, that every one might read and consider them, and if any defect were discovered in them, it might be corrected before they were finally pa.s.sed. At this juncture Appius caused it to be notified throughout the city that were two other tables added to these ten, the laws would be complete; hoping that under this belief the people would consent to continue the decemvirate for another year. This consent the people willingly gave, partly to prevent the consuls being reinstated, and partly because they thought they could hold their ground without the aid of the tribunes, who, as has already been said, were the judges in criminal cases.

On it being resolved to reappoint the decemvirate, all the n.o.bles set to canva.s.s for the office, Appius among the foremost; and such cordiality did he display towards the commons while seeking their votes, that the other candidates, "_unable to persuade themselves that so much affability on the part of so proud a man was wholly disinterested,_"

began to suspect him; but fearing to oppose him openly, sought to circ.u.mvent him, by putting him forward, though the youngest of them all, to declare to the people the names of the proposed decemvirs; thinking that he would not venture to name himself, that being an unusual course in Rome, and held discreditable. "_But what they meant as a hindrance, he turned to account,_" by proposing, to the surprise and displeasure of the whole n.o.bility, his own name first, and then nominating nine others on whose support he thought he could depend.

The new appointments, which were to last for a year, having been made, Appius soon let both commons and n.o.bles know the mistake they had committed, for throwing off the mask, he allowed his innate arrogance to appear, and speedily infected his colleagues with the same spirit; who, to overawe the people and the senate, instead of twelve lictors, appointed one hundred and twenty. For a time their measures were directed against high and low alike; but presently they began to intrigue with the senate, and to attack the commons; and if any of the latter, on being harshly used by one decemvir, ventured to appeal to another, he was worse handled on the appeal than in the first instance.

The commons, on discovering their error, began in their despair to turn their eyes towards the n.o.bles, "_and to look for a breeze of freedom from that very quarter whence fearing slavery they had brought the republic to its present straits._" To the n.o.bles the sufferings of the commons were not displeasing, from the hope "_that disgusted with the existing state of affairs, they too might come to desire the restoration of the consuls._"

When the year for which the decemvirs were appointed at last came to an end, the two additional tables of the law were ready, but had not yet been published. This was made a pretext by them for prolonging their magistracy, which they took measures to retain by force, gathering round them for this purpose a retinue of young n.o.blemen, whom they enriched with the goods of those citizens whom they had condemned. "_Corrupted by which gifts, these youths came to prefer selfish licence to public freedom._"

It happened that at this time the Sabines and Volscians began to stir up a war against Rome, and it was during the alarm thereby occasioned that the decemvirs were first made aware how weak was their position. For without the senate they could take no warlike measures, while by a.s.sembling the senate they seemed to put an end to their own authority.

Nevertheless, being driven to it by necessity, they took this latter course. When the senate met, many of the senators, but particularly Valerius and Horatius, inveighed against the insolence of the decemvirs, whose power would forthwith have been cut short, had not the senate through jealousy of the commons declined to exercise their authority.

For they thought that were the decemvirs to lay down office of their own free will, tribunes might not be reappointed. Wherefore they decided for war, and sent forth the armies under command of certain of the decemvirs. But Appius remaining behind to govern the city, it so fell out that he became enamoured of Virginia, and that when he sought to lay violent hands upon her, Virginius, her father, to save her from dishonour, slew her. Thereupon followed tumults in Rome, and mutiny among the soldiers, who, making common cause with the rest of the plebeians, betook themselves to the Sacred Hill, and there remained until the decemvirs laid down their office; when tribunes and consuls being once more appointed, Rome was restored to her ancient freedom.

In these events we note, first of all, that the pernicious step of creating this tyranny in Rome was due to the same causes which commonly give rise to tyrannies in cities; namely, the excessive love of the people for liberty, and the pa.s.sionate eagerness of the n.o.bles to govern. For when they cannot agree to pa.s.s some measure favourable to freedom, one faction or the other sets itself to support some one man, and a tyranny at once springs up. Both parties in Rome consented to the creation of the decemvirs, and to their exercising unrestricted powers, from the desire which the one had to put an end to the consular name, and the other to abolish the authority of the tribunes. When, on the appointment of the decemvirate, it seemed to the commons that Appius had become favourable to their cause, and was ready to attack the n.o.bles, they inclined to support him. But when a people is led to commit this error of lending its support to some one man, in order that he may attack those whom it holds in hatred, if he only be prudent he will inevitably become the tyrant of that city. For he will wait until, with the support of the people, he can deal a fatal blow to the n.o.bles, and will never set himself to oppress the people until the n.o.bles have been rooted out. But when that time comes, the people, although they recognize their servitude, will have none to whom they can turn for help.

Had this method, which has been followed by all who have successfully established tyrannies in republics, been followed by Appius, his power would have been more stable and lasting; whereas, taking the directly opposite course, he could not have acted more unwisely than he did. For in his eagerness to grasp the tyranny, he made himself obnoxious to those who were in fact conferring it, and who could have maintained him in it; and he destroyed those who were his friends, while he sought friends.h.i.+p from those from whom he could not have it. For although it be the desire of the n.o.bles to tyrannize, that section of them which finds itself outside the tyranny is always hostile to the tyrant, who can never succeed in gaining over the entire body of the n.o.bles by reason of their greed and ambition; for no tyrant can ever have honours or wealth enough to satisfy them all.

In abandoning the people, therefore, and siding with the n.o.bles, Appius committed a manifest mistake, as well for the reasons above given, as because to hold a thing by force, he who uses force must needs be stronger than he against whom it is used. Whence it happens that those tyrants who have the ma.s.s of the people for their friends and the n.o.bles for their enemies, are more secure than those who have the people for their enemies and the n.o.bles for their friends; because in the former case their authority has the stronger support. For with such support a ruler can maintain himself by the internal strength of his State, as did Nabis, tyrant of Sparta, when attacked by the Romans and by the whole of Greece; for making sure work with the n.o.bles, who were few in number, and having the people on his side, he was able with their a.s.sistance to defend himself; which he could not have done had they been against him.

But in the case of a city, wherein the tyrant has few friends, its internal strength will not avail him for its defence, and he will have to seek aid from without in one of three shapes. For either he must hire foreign guards to defend his person; or he must arm the peasantry, so that they may play the part which ought to be played by the citizens; or he must league with powerful neighbours for his defence. He who follows these methods and observes them well, may contrive to save himself, though he has the people for his enemy. But Appius could not follow the plan of gaining over the peasantry, since in Rome they and the people were one. And what he might have done he knew not how to do, and so was ruined at the very outset.

In creating the decemvirate, therefore, both the senate and the people made grave mistakes. For although, as already explained, when speaking of the dictators.h.i.+p, it is those magistrates who make themselves, and not those made by the votes of the people, that are hurtful to freedom; nevertheless the people, in creating magistrates ought to take such precautions as will make it difficult for these to become bad. But the Romans when they ought to have set a check on the decemvirs in order to keep them good, dispensed with it, making them the sole magistrates of Rome, and setting aside all others; and this from the excessive desire of the senate to get rid of the tribunes, and of the commons to get rid of the consuls; by which objects both were so blinded as to fall into all the disorders which ensued. For, as King Ferrando was wont to say, men often behave like certain of the smaller birds, which are so intent on the prey to which nature incites them, that they discern not the eagle hovering overhead for their destruction.

In this Discourse then the mistakes made by the Roman people in their efforts to preserve their freedom and the mistakes made by Appius in his endeavour to obtain the tyranny, have, as I proposed at the outset, been plainly shown.

CHAPTER XLI.--_That it is unwise to pa.s.s at a bound from leniency to severity, or to a haughty bearing from a humble._

Among the crafty devices used by Appius to aid him in maintaining his authority, this, of suddenly pa.s.sing from one character to the other extreme, was of no small prejudice to him. For his fraud in pretending to the commons to be well disposed towards them, was happily contrived; as were also the means he took to bring about the reappointment of the decemvirate. Most skilful, too, was his audacity in nominating himself contrary to the expectation of the n.o.bles, and in proposing colleagues on whom he could depend to carry out his ends. But, as I have said already, it was not happily contrived that, after doing all this, he should suddenly turn round, and from being the friend, reveal himself the enemy of the people; haughty instead of humane; cruel instead of kindly; and make this change so rapidly as to leave himself no shadow of excuse, but compel all to recognize the doubleness of his nature. For he who has once seemed good, should he afterwards choose, for his own ends, to become bad, ought to change by slow degrees, and as opportunity serves; so that before his altered nature strip him of old favour, he may have gained for himself an equal share of new, and thus his influence suffer no diminution. For otherwise, being at once unmasked and friendless, he is undone:

CHAPTER XLII.--_How easily Men become corrupted._

In this matter of the decemvirate we may likewise note the ease wherewith men become corrupted, and how completely, although born good and well brought up, they change their nature. For we see how favourably disposed the youths whom Appius gathered round him became towards his tyranny, in return for the trifling benefits which they drew from it; and how Quintus Fabius, one of the second decemvirate and a most worthy man, blinded by a little ambition, and misled by the evil counsels of Appius, abandoning his fair fame, betook himself to most unworthy courses, and grew like his master.

Careful consideration of this should make those who frame laws for commonwealths and kingdoms more alive to the necessity of placing restraints on men's evil appet.i.tes, and depriving them of all hope of doing wrong with impunity.

CHAPTER XLIII.--_That Men fighting in their own Cause make good and resolute Soldiers._

From what has been touched upon above, we are also led to remark how wide is the difference between an army which, having no ground for discontent, fights in its own cause, and one which, being discontented, fights to satisfy the ambition of others. For whereas the Romans were always victorious under the consuls, under the decemvirs they were always defeated. This helps us to understand why it is that mercenary troops are worthless; namely, that they have no incitement to keep them true to you beyond the pittance which you pay them, which neither is nor can be a sufficient motive for such fidelity and devotion as would make them willing to die in your behalf. But in those armies in which there exists not such an attachment towards him for whom they fight as makes them devoted to his cause, there never will be valour enough to withstand an enemy if only he be a little brave. And since such attachment and devotion cannot be looked for from any save your own subjects, you must, if you would preserve your dominions, or maintain your commonwealth or kingdom, arm the natives of your country; as we see to have been done by all those who have achieved great things in war.

Under the decemvirs the ancient valour of the Roman soldiers had in no degree abated; yet, because they were no longer animated by the same good will, they did not exert themselves as they were wont. But so soon as the decemvirate came to an end, and the soldiers began once more to fight as free men, the old spirit was reawakened, and, as a consequence, their enterprises, according to former usage, were brought to a successful close.

CHAPTER XLIV.--_That the Mult.i.tude is helpless without a Head: and that we should not with the same breath threaten and ask leave._

When Virginia died by her father's hand, the commons of Rome withdrew under arms to the Sacred Hill. Whereupon the senate sent messengers to demand by what sanction they had deserted their commanders and a.s.sembled there in arms. And in such reverence was the authority of the senate held, that the commons, lacking leaders, durst make no reply. "Not,"

says t.i.tus Livius, "that they were at a loss what to answer, but because they had none to answer for them;" words which clearly show how helpless a thing is the mult.i.tude when without a head.

This defect was perceived by Virginius, at whose instance twenty military tribunes were appointed by the commons to be their spokesmen with the senate, and to negotiate terms; who, having asked that Valerius and Horatius might be sent to them, to whom their wishes would be made known, these declined to go until the decemvirs had laid down their office. When this was done, and Valerius and Horatius came to the hill where the commons were a.s.sembled, the latter demanded that tribunes of the people should be appointed; that in future there should be an appeal to the people from the magistrates of whatever degree; and that all the decemvirs should be given up to them to be burned alive. Valerius and Horatius approved the first two demands, but rejected the last as inhuman; telling the commons that "they were rus.h.i.+ng into that very cruelty which they themselves had condemned in others;" and counselling them to say nothing about the decemvirs, but to be satisfied to regain their own power and authority; since thus the way would be open to them for obtaining every redress.

Here we see plainly how foolish and unwise it is to ask a thing and with the same breath to say, "I desire this that I may inflict an injury."

For we should never declare our intention beforehand, but watch for every opportunity to carry it out. So that it is enough to ask another for his weapons, without adding, "With these I purpose to destroy you;"

for when once you have secured his weapons, you can use them afterwards as you please.

CHAPTER XLV.--_That it is of evil example, especially in the Maker of a Law, not to observe the Law when made: and that daily to renew acts of injustice in a City is most hurtful to the Governor._

Terms having been adjusted, and the old order of things restored in Rome, Virginius cited Appius to defend himself before the people; and on his appearing attended by many of the n.o.bles, ordered him to be led to prison. Whereupon Appius began to cry out and appeal to the people. But Virginius told him that he was unworthy to be allowed that appeal which he had himself done away with, or to have that people whom he had wronged for his protectors. Appius rejoined, that the people should not set at nought that right of appeal which they themselves had insisted on with so much zeal. Nevertheless, he was dragged to prison, and before the day of trial slew himself. Now, though the wicked life of Appius merited every punishment, still it was impolitic to violate the laws, more particularly a law which had only just been pa.s.sed; for nothing, I think, is of worse example in a republic, than to make a law and not to keep it; and most of all, when he who breaks is he that made it.

After the year 1494, the city of Florence reformed its government with the help of the Friar Girolamo Savonarola, whose writings declare his learning, his wisdom, and the excellence of his heart. Among other ordinances for the safety of the citizens, he caused a law to be pa.s.sed, allowing an appeal to the people from the sentences p.r.o.nounced by "the Eight" and by the "Signory" in trials for State offences; a law he had long contended for, and carried at last with great difficulty. It so happened that a very short time after it was pa.s.sed, five citizens were condemned to death by the "Signory" for State offences, and that when they sought to appeal to the people they were not permitted to do so, and the law was violated. This, more than any other mischance, helped to lessen the credit of the Friar; since if his law of appeal was salutary, he should have caused it to be observed; if useless, he ought not to have promoted it. And his inconsistency was the more remarked, because in all the sermons which he preached after the law was broken, he never either blamed or excused the person who had broken it, as though unwilling to condemn, while unable to justify what suited his purposes.

This, as betraying the ambitious and partial turn of his mind, took from his reputation and exposed him to much obloquy.

Another thing which greatly hurts a government is to keep alive bitter feelings in men's minds by often renewed attacks on individuals, as was done in Rome after the decemvirate was put an end to. For each of the decemvirs, and other citizens besides, were at different times accused and condemned, so that the greatest alarm was spread through the whole body of the n.o.bles, who came to believe that these prosecutions would never cease until their entire order was exterminated. And this must have led to grave mischief had not Marcus Duilius the tribune provided against it, by an edict which forbade every one, for the period of a year, citing or accusing any Roman citizen, an ordinance which had the effect of rea.s.suring the whole n.o.bility. Here we see how hurtful it is for a prince or commonwealth to keep the minds of their subjects in constant alarm and suspense by continually renewed punishments and violence. And, in truth, no course can be more pernicious. For men who are in fear for their safety will seize on every opportunity for securing themselves against the dangers which surround them, and will grow at once more daring, and less scrupulous in resorting to new courses. For these reasons we should either altogether avoid inflicting injury, or should inflict every injury at a stroke, and then seek to rea.s.sure men's minds and suffer them to settle down and rest.

CHAPTER XLVI.--_That Men climb from one step of Ambition to another, seeking at first to escape Injury and then to injure others._

As the commons of Rome on recovering their freedom were restored to their former position--nay, to one still stronger since many new laws had been pa.s.sed which confirmed and extended their authority,--it might reasonably have been hoped that Rome would for a time remain at rest.

The event, however, showed the contrary, for from day to day there arose in that city new tumults and fresh dissensions. And since the causes which brought this about have been most judiciously set forth by t.i.tus Livius, it seems to me much to the purpose to cite his own words when he says, that "whenever either the commons or the n.o.bles were humble, the others grew haughty; so that if the commons kept within due bounds, the young n.o.bles began to inflict injuries upon them, against which the tribunes, who were themselves made the objects of outrage, were little able to give redress; while the n.o.bles on their part, although they could not close their eyes to the ill behaviour of their young men, were yet well pleased that if excesses were to be committed, they should be committed by their own faction, and not by the commons. Thus the desire to secure its own liberty prompted each faction to make itself strong enough to oppress the other. For this is the common course of things, that in seeking to escape cause for fear, men come to give others cause to be afraid by inflicting on them those wrongs from which they strive to relieve themselves; as though the choice lay between injuring and being injured."

Herein, among other things, we perceive in what ways commonwealths are overthrown, and how men climb from one ambition to another; and recognize the truth of those words which Sall.u.s.t puts in the mouth of Caesar, that "_all ill actions have their origin in fair beginnings._"

[1] For, as I have said already, the ambitious citizen in a commonwealth seeks at the outset to secure himself against injury, not only at the hands of private persons, but also of the magistrates; to effect which he endeavours to gain himself friends. These he obtains by means honourable in appearance, either by supplying them with money or protecting them against the powerful. And because such conduct seems praiseworthy, every one is readily deceived by it, and consequently no remedy is applied. Pursuing these methods without hindrance, this man presently comes to be so powerful that private citizens begin to fear him, and the magistrates to treat him with respect. But when he has advanced thus far on the road to power without encountering opposition, he has reached a point at which it is most dangerous to cope with him; it being dangerous, as I have before explained, to contend with a disorder which has already made progress in a city. Nevertheless, when he has brought things to this pa.s.s, you must either endeavour to crush him, at the risk of immediate ruin, or else, unless death or some like accident interpose, you incur inevitable slavery by letting him alone.

For when, as I have said, it has come to this that the citizens and even the magistrates fear to offend him and his friends, little further effort will afterwards be needed to enable him to proscribe and ruin whom he pleases.

A republic ought, therefore, to provide by its ordinances that none of its citizens shall, under colour of doing good, have it in their power to do evil, but shall be suffered to acquire such influence only as may aid and not injure freedom. How this may be done, shall presently be explained.

[Footnote 1: Quod omnia mala exempla ex bonis initiis orta sunt. (Sall.

Cat. 51.)]